[House Report 119-657]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-657
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COMMITTING LEASES FOR ENERGY ACCESS NOW ACT
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May 20, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1687]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1687) to amend the Geothermal Steam Act of 1970
to increase the frequency of lease sales, to require
replacement sales, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Committing Leases for Energy Access
Now Act'' or the ``CLEAN Act''.
SEC. 2. GEOTHERMAL LEASING.
(a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of 1970
(30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs (5)
and (6), respectively; and
(3) after paragraph (2), by inserting the following:
``(3) Replacement sales.--If a lease sale under paragraph (1)
for a year is canceled or delayed, the Secretary of the
Interior shall conduct a replacement sale during the same year.
``(4) Requirement.--Of the nominated parcels eligible for
geothermal development and utilization under the resource
management plan in effect for the State, the Secretary shall,
in conducting a lease sale under paragraph (2), offer for
lease--
``(A) 75 percent of such nominated parcels; and
``(B) the remaining 25 percent of such nominated
parcels, unless the Secretary provides a written
justification that identifies a statutory,
environmental, or administrative basis that prevents
the Secretary from offering such nominated parcels for
lease.''.
(b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) Notice.--Not later than 30 days after the date on which
the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing and specify any information that is required to
be submitted for the application to be complete.
``(2) Issuance or deferral.--
``(A) In general.--Not later than 30 days after the
Secretary has provided written notice to an applicant
for a geothermal drilling permit that the application
for such permit is complete pursuant to paragraph
(1)(A), the Secretary shall--
``(i) issue the permit, if the requirements
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other
applicable law have been completed within such
timeframe; or
``(ii) defer the decision on the permit and
provide to the applicant a notice--
``(I) that specifies any steps that
the applicant could take for the permit
to be issued; and
``(II) that includes a list of
actions that need to be taken by the
agency to comply with applicable law,
together with timelines and deadlines
for taking such actions, which shall
not exceed the deadlines specified in
section 107(g) of the National
Environmental Policy Act of 1969 (42
U.S.C. 4336a(g)).
``(B) Deadline for deferred decisions.--If the
Secretary defers a decision on a permit under
subparagraph (A)(ii), the Secretary shall issue a
decision on the permit not later than 10 days after the
applicant takes any steps specified pursuant to
subparagraph (A)(ii)(I) and the agency takes the
actions listed pursuant to subparagraph (A)(ii)(II) in
accordance with any applicable timelines and
deadlines.''.
Purpose of the Legislation
The purpose of H.R. 1687 is to amend the Geothermal Steam
Act of 1970 to increase the frequency of lease sales, to
require replacement sales, and for other purposes.
Background and Need for Legislation
The Geothermal Steam Act of 1970 (GSA) requires the U.S.
Department of the Interior (DOI) to hold ``a competitive lease
sale at least once every [two] years for land in a [s]tate that
has nominations pending.''\1\ The Bureau of Land Management
(BLM), however, has often ignored this requirement. In
California, for example, BLM failed to hold a competitive
geothermal lease sale for nearly 11 years until the Trump
administration held one in the summer of 2025.\2\
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\1\Pub. L. No. 91-581.
\2\See ``California Geothermal Energy,'' Bureau of Land Management,
https://www.blm.gov/programs/energy-and-minerals/renewable-energy/
geothermal-energy/regional-information/california, accessed May 19,
2026.
---------------------------------------------------------------------------
H.R. 1687, sponsored by Representative Russ Fulcher (R-ID-
01), would relieve geothermal leasing and permitting backlogs
by amending the GSA to require the Secretary of the Interior
(Secretary) to hold annual lease sales for geothermal energy.
The Secretary must offer at least 75 percent of nominated
parcels if they are eligible for leasing under each state's
Resource Management Plan. If the Secretary fails to offer 75
percent of the nominated parcels, the Secretary must publish a
justification identifying the legal, environmental, or
administrative basis for the decision not to offer the
remaining parcels. If a lease sale is missed for any reason,
the bill requires the Secretary to hold replacement sales
during the same year. The bill also requires the Secretary to
respond to geothermal drilling permit applications within 30
days of receipt, informing applicants whether their
applications are complete. If the Secretary determines an
application is complete, then the Secretary has an additional
30 days to issue a final decision on the application. The bill
allows agencies to defer issuing a final decision while still
complying with all deadlines outlined in the Fiscal
Responsibility Act. If an agency defers, it must provide
applicants with a list of all necessary agency and applicant
steps that must be taken before a final decision can be made.
It directs the deferring agency to issue a decision on the
permit within 10 days of both the applicant and the agency
completing all necessary steps as outlined in the original
permit deferral notice. The GSA currently lacks such permitting
timelines, creating inefficiencies in the geothermal permitting
process.
Committee Action
H.R. 1687 was introduced on February 27, 2025, by
Representative Russ Fulcher (R-ID-01). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Energy and Mineral Resources. On December
16, 2025, the Subcommittee on Energy and Mineral Resources held
a hearing on the bill. On April 21, 2026, the Committee on
Natural Resources met to consider the bill. The Subcommittee on
Energy and Mineral Resources was discharged from further
consideration of H.R. 1687 by unanimous consent. Representative
Russ Fulcher (R-ID-01) offered an Amendment in the Nature of a
Substitute designated Fulcher_01 ANS. The Amendment in the
Nature of a Substitute was agreed to by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Energy and Mineral Resources
held on December 16, 2025.
Section-by-Section Analysis
Section 1. Short title
Designates the bill as the ``Committing Leases for
Energy Access Now Act'' or the ``CLEAN Act''.
Section 2. Geothermal leasing
Amends the GSA to require the Secretary to hold
annual lease sales for geothermal energy, rather than once
every other year.
Requires the Secretary to hold replacement sales
during the same year that a lease sale is missed.
Directs the Secretary to offer at least 75 percent
of nominated parcels and to publish, if such amount is not
offered, a written justification identifying why the remaining
parcels were not offered.
Imposes deadlines on the Secretary to respond to
geothermal drilling permit applications to let applicants know
whether their applications are complete.
Requires the Secretary to issue a final decision
on the application within 30 days after determining it is
complete.
Allows the Secretary to defer issuing a final
decision, provided that the Secretary offers applicants a
complete list of necessary steps for both the applicants and
the agency before a final decision can be issued.
Directs the Secretary to issue a decision within
10 days after the applicant and agency complete all necessary
steps outlined when the decision was deferred.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Geothermal Steam Act of
1970 to increase the frequency of lease sales, to require
replacement sales, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
GEOTHERMAL STEAM ACT OF 1970
* * * * * * *
SEC. 4. LEASING PROCEDURES.
(a) Nominations.--The Secretary shall accept nominations of
land to be leased at any time from qualified companies and
individuals under this Act.
(b) Competitive Lease Sale Required.--
(1) In general.--Except as otherwise specifically
provided by this Act, all land to be leased that is not
subject to leasing under subsection (c) shall be leased
as provided in this subsection to the highest
responsible qualified bidder, as determined by the
Secretary.
(2) Competitive lease sales.--The Secretary shall
hold a competitive lease sale at least once every [2
years] year for land in a State that has nominations
pending under subsection (a) if the land is otherwise
available for leasing.
(3) Replacement sales.--If a lease sale under
paragraph (1) for a year is canceled or delayed, the
Secretary of the Interior shall conduct a replacement
sale during the same year.
(4) Requirement.--Of the nominated parcels eligible
for geothermal development and utilization under the
resource management plan in effect for the State, the
Secretary shall, in conducting a lease sale under
paragraph (2), offer for lease--
(A) 75 percent of such nominated parcels; and
(B) the remaining 25 percent of such
nominated parcels, unless the Secretary
provides a written justification that
identifies a statutory, environmental, or
administrative basis that prevents the
Secretary from offering such nominated parcels
for lease.
[(3)] (5) Lands subject to mining claims.--Lands that
are subject to a mining claim for which a plan of
operations has been approved by the relevant Federal
land management agency may be available for
noncompetitive leasing under this section to the mining
claim holder.
[(4)] (6) Land subject to oil and gas lease.--Land
under an oil and gas lease issued pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Mineral Leasing Act for Acquired Lands (30 U.S.C. 351
et seq.) that is subject to an approved application for
permit to drill and from which oil and gas production
is occurring may be available for noncompetitive
leasing under subsection (c) by the holder of the oil
and gas lease--
(A) on a determination that geothermal energy
will be produced from a well producing or
capable of producing oil and gas; and
(B) to provide for the coproduction of
geothermal energy with oil and gas.
(c) Noncompetitive Leasing.--The Secretary shall make
available for a period of 2 years for noncompetitive leasing
any tract for which a competitive lease sale is held, but for
which the Secretary does not receive any bids in a competitive
lease sale.
(d) Pending Lease Applications.--
(1) In general.--It shall be a priority for the
Secretary, and for the Secretary of Agriculture with
respect to National Forest Systems land, to ensure
timely completion of administrative actions, including
amendments to applicable forest plans and resource
management plans, necessary to process applications for
geothermal leasing pending on the date of enactment of
this subsection. All future forest plans and resource
management plans for areas with high geothermal
resource potential shall consider geothermal leasing
and development.
(2) Administration.--An application described in
paragraph (1) and any lease issued pursuant to the
application--
(A) except as provided in subparagraph (B),
shall be subject to this section as in effect
on the day before the date of enactment of this
paragraph; or
(B) at the election of the applicant, shall
be subject to this section as in effect on the
effective date of this paragraph.
(e) Leases Sold as a Block.--If information is available to
the Secretary indicating a geothermal resource that could be
produced as 1 unit can reasonably be expected to underlie more
than 1 parcel to be offered in a competitive lease sale, the
parcels for such a resource may be offered for bidding as a
block in the competitive lease sale.
(f) Leasing for Direct Use of Geothermal Resources.--
Notwithstanding subsection (b), the Secretary may identify
areas in which the land to be leased under this Act exclusively
for direct use of geothermal resources, without sale for
purposes other than commercial generation of electricity, may
be leased to any qualified applicant that first applies for
such a lease under regulations issued by the Secretary, if the
Secretary--
(1) publishes a notice of the land proposed for
leasing not later than 90 days before the date of the
issuance of the lease;
(2) does not receive during the 90-day period
beginning on the date of the publication any nomination
to include the land concerned in the next competitive
lease sale; and
(3) determines there is no competitive interest in
the geothermal resources in the land to be leased.
(g) Area Subject to Lease for Direct Use.--
(1) In general.--Subject to paragraph (2), a
geothermal lease for the direct use of geothermal
resources shall cover not more than the quantity of
acreage determined by the Secretary to be reasonably
necessary for the proposed use.
(2) Limitations.--The quantity of acreage covered by
the lease shall not exceed the limitations established
under section 7.
(h) Deadlines for Consideration of Geothermal Drilling
Permits.--
(1) Notice.--Not later than 30 days after the date on
which the Secretary receives an application for any
geothermal drilling permit, the Secretary shall--
(A) provide written notice to the applicant
that the application is complete; or
(B) notify the applicant that information is
missing and specify any information that is
required to be submitted for the application to
be complete.
(2) Issuance or deferral.--
(A) In general.--Not later than 30 days after
the Secretary has provided written notice to an
applicant for a geothermal drilling permit that
the application for such permit is complete
pursuant to paragraph (1)(A), the Secretary
shall--
(i) issue the permit, if the
requirements under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other
applicable law have been completed
within such timeframe; or
(ii) defer the decision on the permit
and provide to the applicant a notice--
(I) that specifies any steps
that the applicant could take
for the permit to be issued;
and
(II) that includes a list of
actions that need to be taken
by the agency to comply with
applicable law, together with
timelines and deadlines for
taking such actions, which
shall not exceed the deadlines
specified in section 107(g) of
the National Environmental
Policy Act of 1969 (42 U.S.C.
4336a(g)).
(B) Deadline for deferred decisions.--If the
Secretary defers a decision on a permit under
subparagraph (A)(ii), the Secretary shall issue
a decision on the permit not later than 10 days
after the applicant takes any steps specified
pursuant to subparagraph (A)(ii)(I) and the
agency takes the actions listed pursuant to
subparagraph (A)(ii)(II) in accordance with any
applicable timelines and deadlines.
* * * * * * *
ADDITIONAL VIEWS
H.R. 1687 would increase the frequency of geothermal lease
sales on federal land, require replacement sales if any sale is
canceled or delayed, require mandatory leasing of nominated
parcels, and set deadlines for the consideration of geothermal
drilling permit applications. I appreciate the majority for
working with us to make some significant improvements to the
legislation since the last Congress, including providing the
Bureau of Land Management with additional flexibility in permit
approval timelines. The majority also worked with us on
improvements to create more flexibility in the provision
requiring the leasing of all nominated parcels. While I
appreciate that the legislation now requires leasing only 75
percent of nominated parcels to preserve some of BLM's
discretion, I still have concerns that this may be insufficient
discretion for BLM to manage its multiple-use and sustained-
yield mandate.
I support House passage of H.R. 1687 and urge the Senate to
consider additional improvements to the legislation.
Jared Huffman,
Ranking Member.
[all]